Uncategorized

Yes, now that the summer months are upon us, it’s important that operators of boats, jetskis, and other watercraft realize that the rules of the water are the same as the rules of the road, and that if you are caught operating a vessel while under the influence, you face the same penalties you would if you were pulled over after a night at a bar.

That includes loss of your driver’s license.

This can seem like an excessive penalty for someone enjoying an afternoon with friends on the water, but the good news is that boating DWI cases are harder for prosecutors to prove.

Various factors may give the appearance of intoxication, when in fact a person is experiencing exhaustion from the sun, excessive heat, or even motor control issues from the motion of the boat.

An experienced New Jersey DWI attorney can make the strongest case for you in a boating DWI case, and often prevent serious penalties like loss of your driver’s license.

Call Matthew Reisig today at 732-625-9660 for a free consultation with an experienced New Jersey boating DWI lawyer.

Yes, so-called Sobriety Checkpoints are legal in the state of New Jersey, but it’s important that you understand your rights if you come upon one.

First, you do have the right to turn around using a legal U-turn, or to turn off onto another street rather than drive through the checkpoint.

You are not obligated to proceed through a DWI checkpoint in New Jersey.

Second, if you do proceed through the checkpoint, you must provide police with your driver’s license and registration. Driving is not a constitutionally protected activity, and when you operate a motor vehicle on New Jersey roads, you are providing consent for this type of inquiry.

However, you are not obligated to answer additional questions posed by police.

If you are asked things like, “So, where are you going?” or, “Had anything to drink tonight?” you are allowed to politely refuse to be questioned.

Police may also ask to search your vehicle. Again, you are entitled to decline a search at a sobriety checkpoint. Doing so may feel risky, but politely asserting your rights is legal and acceptable.

If you are arrested at a DWI checkpoint, you retain the right to politely refuse to answer questions without an attorney present.

Then make sure you call Matthew Reisig at 732-625-9660 for help from one of the most experienced DUI defense lawyers in New Jersey.

Post Conviction Relief is New Jersey’s version of Habeas Corpus, which gives individuals one more chance to appeal their case in a court after their conviction.

The official language of PCR is set forth in New Jersey Court Rule 7:10-2. An individual has 5 years from the date of their conviction to file a PCR.

If you or someone you know have questions concerning the appeals process in New Jersey, contact Reisig & Associates at 732-625-9660 for a free consultation.